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    The Copyright Pledge - 2008 Election Edition

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    Friday September 26, 2008

    Unlike the 2006 election campaign, when copyright reform issues generated political attention in the Toronto riding of Parkdale-High Park, the current campaign has featured local discussions (here, here, here) but has yet to find its "copyright moment."  That is not to say that copyright has been entirely absent - copyright concerns have arisen in the context of political advertising with claims of Conservative copyright infringement serving as a useful reminder of the restrictions under the current law.  Moreover, the absence of copyright discussion from the red-hot culture funding fight demonstrates how little political payoff there is for unbalanced copyright reform as the same groups that applauded C-61 are now among the Conservatives' fiercest critics (ACTRA - before, after; CIRPA - before, after).

    With several weeks left in the campaign, there is still a chance to build on the recent emergence of a strong voice for fair copyright in Canada.  I have crafted the following 2008 copyright pledge:

    Will you commit to a balanced approach to copyright reform that reflects the views of all Canadians by pledging:

    1.    To respect the rights of creators and consumers.

    2.    Not to support any copyright bill that undermines or weakens the Copyright Act’s users rights.

    3.    To fully consult with Canadians before introducing any copyright reform bill and to conduct inclusive, national hearings on any tabled bill.

    While I certainly hope for more from copyright reform (see my fair copyright principles), I believe this a balanced starting point that respects the concerns of all stakeholders and provides a reasonable path toward reform.  If you agree, there are at least three things you can do.  First, urge all political parties to agree to the pledge.  Second, raise the issue with your local candidates - attend a town hall meeting or debate, pose the question if a candidate knocks at your door, or send an email to all the candidates in your riding.  Third, email your copyright question to question@electiondebate08.ca.  There are still 18 days left in the campaign which provides plenty of time to ensure that fair copyright concerns are heard before election day.

    Update: My initial posting asked parties (not candidates) to "sign on to" the pledge. As noted in the comments, a candidate cannot legally "sign a written document" that would incorporate the pledge.  Of course, no one is asking either parties or candidates to sign anything.  In the same manner that parties have promised to increase arts funding or introduce anti-spam legislation, they can certainly commit to the copyright approach described above. 

    Update II: In response to several requests, a French language version of the pledge:

    Vous engagerez-vous dans une approche équilibrée de la réforme sur le droit d'auteur qui reflète les opinions de tous les Canadiens et Canadiennes en promettant:

    1. de respecter les droits des créateurs et des consommateurs

    2. de ne pas supporter tout projet de loi sur le droit d'auteur détruisant ou diminuant les droits des utilisateurs face à la Loi sur le droit d'auteur

    3. De consulter pleinement les Canadiens et Canadiennes avant d'introduire toute réforme sur le droit d'auteur et de tenir des audiences nationales inclusives sur tout projet de loi proposé.


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    A New Copyright Pledge

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    Tuesday January 15, 2008
    As Members of Parliament prepare to return to Ottawa, some have responded to the thousands of letters sent last month out of concern for a Canadian DMCA.  While the responses vary by party (many are posted on the Facebook group), all generally note their concern with copyright balance and a commitment to comment further once a bill is introduced.  I can certainly understand why an MP might be reluctant to commit to much more, yet there are core fair copyright principles that do not depend upon the introduction of a bill.  Tomorrow, I will post my fair copyright principles, however, today I want to outline a new copyright pledge (I posted an earlier pledge involving campaign funding and the copyright lobby during the 2006 national election).  I believe this pledge could and should be adopted by all MPs - regardless of party - without waiting for an actual bill.

    The pledge is simple:

    I will not introduce, support, or endorse any copyright bill that, either directly or indirectly, undermines or weakens the Copyright Act’s fair dealing provision.

    Fair dealing, which the Supreme Court of Canada has described as a user right, covers uses such as research, private study, news reporting, and criticism.  I have argued that the provision should be expanded.  For the purposes of the pledge, I am only asking MPs to do no harm.  Fair dealing is a critically important part of the copyright balance that plays a crucial role for education and free speech and it is widely accepted internationally (indeed the parallel provision in the U.S. is far broader).  No Canadian MP or party should support or introduce legislation that would weaken it.  If you are looking to send a follow-up to Industry Minister Jim Prentice or to your local MP, then consider asking them one straight forward question – will they take the copyright pledge?
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    Cleaning Up Copyright

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    Wednesday January 04, 2006
    With both prospective Canadian Heritage Ministers accepting copyright lobby cash (see The Sad Reality of Copyright Policy In Canada, Campaign Contributions, Tipping Point, That's What Friends Are For) and the funders making it clear that they are in the market for more (see Business As Usual), it is time to clean up copyright in Canada.  The election campaign provides the perfect time to do so.  The short term solution is obvious - Bulte should cancel the January 19th fundraiser and apologize to her constituents and the Canadian public.

    The longer term solution was hinted at in Jack Kapica's article in the Globe that is referenced on Bourque.  Kapica argued that:

    "Should the outcome of the election be favourable for the morally besieged Liberal Party, perhaps leader Paul Martin should consider rewarding Ms. Bulte's hard work and loyalty with a different portfolio entirely, if only to show that Canadians won't dance to every tune the Americans wish to play and charge us for."

    I would go further.  I think the party leaders should take a Copyright Pledge.  It would hold that:

    No Member of Parliament who has accepted financial contributions or other benefits from (i) a copyright lobby group, (ii) its corporate members, or (iii) senior executives as well as (iv) a copyright collective shall serve as Minister of Canadian Heritage or as Parliamentary Secretary to the Minister of Canadian Heritage, nor sit on any legislative committee (parliamentary or standing committees) conducting hearings or deliberations on copyright matters.

    The time has come to clean up Canadian copyright policy.  Martin, Harper, and Layton should take the Copyright Pledge.

    Update: The Bulte story continues to pick up steam.  Coverage today from the blogs of the Toronto Star (Zerbisias), Macleans (Cosh), CBC, and Globeandmail.com (Cook).  Add BoingBoing, Lessig, and comments here, here, here, herehere, here, here, here, and here and this issue is clearly resonating with many people.

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